§ 46:56 — Applications and client case records; definitions; confidentiality; waiver; penalty

Louisiana § 46:56

• Jurisdiction: Louisiana
• Title 46: Public Welfare and Assistance

Text

§56. Applications and client case records; definitions; confidentiality; waiver; penalty
NOTE: Subsection A and Paragraph (B)(1) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
A. Applications for assistance and information contained in case records of clients
of the Louisiana Department of Health, the Department of Children and Family Services, or
the office of elderly affairs, for the purpose of adult protective services, shall be confidential
and, except as otherwise provided, it shall be unlawful for any person to solicit, disclose,
receive, make use of, or to authorize, knowingly permit, participate in, or acquiesce in the
use of applications or client case records or the information contained therein for any purpose
not directly connected with the administration of the programs of the department.
B.(1) For the purposes of this Section, "department" means the Louisiana
Department of Health, the Department of Children and Family Services, and the adult
protection agency as provided in R.S. 15:1503. It is the express intent of this Section that
the Louisiana Department of Health, the Department of Children and Family Services, and,
for the purpose of adult protective services, the office of elderly affairs share access to each
other's case records to the extent that such access is not prohibited by any contrary provision
of federal law or regulation.
NOTE: Subsection A and Paragraph (B)(1) as amended by Acts 2025, No. 478, eff. Oct. 1,
2027.
A. Applications for assistance and information contained in case records of clients
of the Louisiana Department of Health, the Department of Children and Family Services,
Louisiana Works, or the office of elderly affairs, for the purpose of adult protective services,
shall be confidential and, except as otherwise provided, it shall be unlawful for any person
to solicit, disclose, receive, make use of, or to authorize, knowingly permit, participate in,
or acquiesce in the use of applications or client case records or the information contained
therein for any purpose not directly connected with the administration of the programs of
the department.
B.(1) For the purposes of this Section, "department" means the Louisiana
Department of Health, the Department of Children and Family Services, Louisiana Works,
and the adult protection agency as provided in R.S. 15:1503. It is the express intent of this
Section that the Louisiana Department of Health, the Department of Children and Family
Services, Louisiana Works, and, for the purpose of adult protective services, the office of
elderly affairs share access to each other's case records to the extent that such access is not
prohibited by any contrary provision of federal law or regulation.
(2) For the purposes of this Section, "case records" are assistance records, social
service records, records of the Supplemental Nutrition Assistance Program or any
predecessor, medical services records, probation and parole records, records pertaining to the
adoption of children, records of foster care services, records and investigative reports on
abuse or neglect of children or adults, and records of other child welfare services
administered by the department, including services for children with disabilities, nutrition,
immunization, and other medical and public health services records pertaining to children
or adults and where such records are in the custody of parish health units, and regional and
central offices of the office of public health of the Louisiana Department of Health.
(3) Notwithstanding any provision of law to the contrary, including but not limited
to the provisions of this Section, all offices, bureaus, and agencies within the Department of
Children and Family Services are hereby expressly authorized to share access to each other's
case records as necessary for the administration of their respective programs, except as
prohibited by federal law or regulation.
C. Publication of lists or names of clients or applicants is prohibited, except as
provided in this Section.
D. Subject to the exceptions enumerated in R.S. 44:17 and Subsections E, F, and M
of this Section, confidential information may be released to an outside source not directly
connected with the administration of the programs of the department only upon written
request of the outside source and only after written waiver by the applicant, client, or his
legal representative. Governmental authorities, the courts, and law enforcement agencies
shall be considered the same as any other outside source, except as provided in R.S. 44:17
and Subsections E and F.
E.(1) Upon request of any authorized person, the most recent address and place of
employment of any absent parent shall be provided if such information is available,
notwithstanding any other provisions of this Section. For the purposes of this Subsection,
the term "authorized person" shall mean:
(a) Any agent or attorney of any state agency which has the duty or authority to seek
to recover any amounts owed as child support;
(b) Any court of competent jurisdiction which has authority to issue an order against
an absent parent for the support and maintenance of a child, or any agency of such court; and
(c) Any resident parent, legal guardian, attorney, or agent of any child, except a child
currently receiving aid to dependent children, without regard to the existence of any court
order against an absent parent who has a duty to support and maintain any such child.
(2) Information of the department pertaining to financial assistance programs may
be released in accordance with the federal laws and regulations governing the release of
information of the financial assistance programs.
F. The following information shall not be subject to waiver and shall not be released
to applicants, recipients, or outside sources, except those outside sources engaged in the
administration of the programs of the department or when specifically authorized by law:
(1) Records pertaining to foster care of children, investigations of abuse and neglect
of children, and other child welfare services. For the purposes of this Paragraph, case records
of children in abuse and neglect and foster care cases may be reviewed by attorneys who are
appointed by a court of juvenile jurisdiction to represent the sole interest of the children, and
pursuant to court order, such case records may be reviewed by court-appointed special
advocates appointed pursuant to Children's Code Article 424.1. Prior to a court hearing, the
department may provide to such attorneys and court-appointed special advocates copies of
the most recent case plan for the child and his family, the most recent court order and court
report, and the child's most recent medical report. Additionally, pursuant to Children's Code
Article 616, a judge of a court exercising juvenile jurisdiction may request, in writing to the
department, central registry record checks. However, in no instance shall the name or
identifying information regarding a complainant in neglect and abuse cases or the case
records of the foster parents be subject to such review. The department may, however,
provide foster parents all information from the department's records and from other records
to which the department has access concerning a child in the foster home, and concerning
the child's family, where such information is necessary for the foster parents to properly care
for the child. The department may also provide surrogate parents representing the special
education interests of children in the department's custody with all information from the
department's records and from other records to which the department has access where such
information is necessary for the surrogate parents to properly advocate for the children. In
any child custody proceeding, after the issue has been raised of the potential existence of a
relevant departmental record concerning the abuse or neglect of a child who is the subject
of that proceeding, the judge may contact the local child protection unit to determine if such
a record exists. If the department has a substantiated report pursuant to Children's Code
Article 615(B)(1) through (3), the local child protection unit shall verbally advise the judge
that such report is in the possession of the unit. If the court finds that information which may
be contained in the report is necessary for an issue before the court, the court may order the
release of such information. If the report was unsubstantiated, such records shall be sealed
and accessible only pursuant to Children's Code Article 615.
(2) Information furnished to the department by persons, governmental agencies, or
other legal entities when such furnisher of information is subject to a confidentiality statute
or regulation which prohibits release of such information to an outside source, and
(3) Information contained in applications for assistance and case records that is
furnished to law enforcement agencies or courts to aid in the prosecution of criminal offenses
related to any program.
(4)(a) For the purpose of this Subsection, those outside sources engaged in the
administration of the programs of the department pertaining to child welfare services shall
be local child service agencies, including but not limited to hospitals, clinics, schools, and
counterpart agencies in other states engaged in delivering family and children's services;
local, state, and federal law enforcement agencies, including but not limited to military
authorities, probation officers, district attorneys, and coroners; the Louisiana State Board of
Dentistry; and the Louisiana State Board of Medical Examiners. The department may release
information to a child abuse citizens' review panel or a state child fatality review panel only
to the extent that the requested information is consistent with the purpose of the requesting
panel as provided by state law or regulation. Information may be released by the department
only to an agency engaged in rendering services or treatment to a recipient or former
recipient of the department's services and only for the purpose of furthering the services or
treatment; or to an agency engaged in enforcing or prosecuting violators of the child abuse
and neglect law or perpetrators of acts against children in violation of the criminal statutes
of this state or of another state or of federal criminal statutes. The requesting agency shall
request the information in writing and state the purpose for which the information is being
requested.
(b) In addition, the department may release information to other agencies of state
government that are engaged in rendering services or treatment to a department recipient or
former recipient. The agency receiving the information from the department under this
Paragraph shall be bound by the same confidentiality standard as prescribed in this Section
with regard to release of this information to the recipient, the client's legal representative, or
an outside source. The Louisiana Department of Health, the Department of Children and
Family Services, and, for the purpose of adult protective services, the office of elderly affairs
may release information to each other for the purpose of furthering services or treatment to
clients or recipients of services of either department. Information subject to release under
this Section that is covered by federal statutes or regulations restricting release of the
information shall be released only in accordance with the federal statutes or regulations.
(c) Following any investigation by the department of a public or private day care
center, registered family child day care home, or residential provider, the department may
inform the parent or guardian of any child being cared for at the center, home, or residence
or the parent or guardian of any child who has applied for placement in the center, home, or
residence of a substantiated finding of child abuse, neglect, or exploitation occurring at the
center, home, or residence upon the request of the parent or legal guardian. The department
may also advise such parent or legal guardian of a substantiated finding when it becomes
necessary for the department to take adverse action against a center, home, or facility in the
interest of the safety and welfare of the children. The department may release to the
Department of Education limited information concerning a substantiated finding of child
abuse, neglect, or exploitation occurring at a family child day care home that is registered by
that department. These circumstances shall constitute authorized disclosures under the
provisions of R.S. 14:403(A)(2).
(5)(a) The department may release the information described in Paragraph (1) of this
Subsection, except names and any other identifying information, to a professional person or
professor or graduate student of a college or university who is engaged in bona fide
professional, academic, or scholarly research in the field of child welfare services or to a duly
authorized person conducting an audit of the department.
(b) Upon written approval of the department and of the child through his
representative, when required by federal law, the information described in Paragraph (1) of
this Subsection may be released, including names and other identifying information, except
identifying information regarding complainants in neglect and abuse cases, to researchers
whose proposed research in the field of child welfare services has been reviewed and
approved by an institutional review board confected in accordance with and operating under
the standards provided for in the United States Department of Health and Human Services'
Policy for the Protection of Human Subjects, provided that access to that information is
essential to the research. The researcher shall furnish to the department a written
certification from the institutional review board confirming the board's compliance with the
applicable standards and its review and approval of the research consistent with those
standards. The certification shall also describe the board's future oversight responsibilities
and specific procedures for assuring that the confidentiality of identifying information is
strictly preserved. The department is authorized to develop a standardized certification form
and other procedures as needed to facilitate its review and authorization of research requests
consistent with its child welfare administrative responsibilities under state and federal law.
(c) The person receiving the information from the department under this Paragraph
shall be bound by the same confidentiality standard and subject to the same penalties for
improper disclosure as prescribed in this Section with regard to release of this information
to the recipient, the client's legal representative, or an outside source. Any paper, report,
thesis, dissertation, or other document resulting in whole or in part from the research or audit
shall not contain the name or any identifying information regarding an applicant, recipient,
or client, or other person to whom the records pertain.
(6) Research proposals which request access to clients or former clients of the
department may be approved, but only after a determination that the following criteria are
met:
(a) Contact with the client and the nature of the research will not have a detrimental
effect on the client;
(b) The client or his legal guardian has consented in writing to such research; and
(c) The research will be of value to the department.
(7)(a) The department may release, upon written request or consent of a former foster
child or his legal tutor, the information described in Paragraph (1) of this Subsection to the
former foster child, his legal tutor, or to a designee who is engaged in rendering services,
treatment, or an assessment of services previously provided to the child, if in its discretion
it believes the release of such information to be in the best interest of the former foster child.
Such information shall not include any information regarding the identity of the birth parents
or birth siblings of a former foster child who was subsequently adopted or any information
regarding the identity of the reporter in a case of abuse or neglect.
(b) The department, upon written request, shall release to a former foster child or his
legal tutor, non-identifying medical or genetic information that may be contained in any
record maintained by the department without the necessity of filing a petition for disclosure
from the department as required by the provisions of Chapter 5 of Title XII of the Children's
Code.
(c) The department or a department contractor, with the written consent of the former
foster child, may release information described in Paragraph (1) of this Subsection for the
purpose of the education and training of foster children and former foster children or to assist
the former foster child in providing his perspective or foster care experience, to the extent
the department in its discretion believes that the release of such information is in the best
interest of the former foster child and is allowed by federal law. The information shall not
include the identity of the birth parents or birth siblings of a former foster child or any
information regarding the identity of the reporter in the case of abuse or neglect.
(8)(a) Case records involving investigation of reports of child abuse and neglect shall
be confidential in order to protect the rights of the child and his parents or guardians.
Information contained in such records shall only be made available as provided in this
Section or applicable state or federal laws or regulations.
(b) The department shall not disclose identifying information concerning an
individual who initiated a report or complaint of alleged child abuse or neglect, except that
the department shall disclose such information pursuant to a court order after such court has
reviewed, in camera, the department's case record and finds reason to believe that the reporter
knowingly made a false report.
(9) Notwithstanding any other provision of this Section, limited public disclosure of
summary information contained in the child abuse or neglect records of the Department of
Children and Family Services may be made as follows:
(a) When there has been a child fatality or near fatality in which abuse or neglect was
medically determined by an examining physician to be a contributing factor in the cause of
death or near fatality. For purposes of this Paragraph, "near fatality" means an act as certified
by the physician who examined the child which placed the child in serious or critical
condition.
(b) To confirm, clarify, or correct information concerning a case of child abuse or
neglect not involving a child fatality, or near fatality that has been made public by sources
outside the department. Any release of information shall be made in a manner respectful of
the parties' right to privacy and be specifically limited to the information already made
public.
(c) To the individual who initiated the report if that individual is a mandatory
reporter as defined by Children's Code Article 603. The person receiving the information
under this Subparagraph shall be bound by the confidentiality standard and subject to the
penalties for improper disclosure, as prescribed in this Section.
(d) This Paragraph shall not apply when the local district attorney requests that
certain information not be released due to its potential to compromise a pending criminal
investigation or prosecution or when, in the judgment of the department, disclosure may
compromise the integrity of a child protection investigation. However, all information,
including but not limited to the departmental case records, shall be available to the local
district attorney for inspection.
(e) The department shall not publicly disclose any information concerning the
individual initiating a report or complaint.
(f) Notwithstanding any other provision of this Paragraph, the confidentiality of the
department's records shall be maintained by the department as required by federal law as a
condition of the allocation of federal monies to the state.
(g) Nothing in this Paragraph shall limit the authority of the department to disclose
requested information to the parent or guardian of an abused or neglected child as otherwise
provided by law.
(h) Notwithstanding the provisions of Subsection B of this Section, references in this
Paragraph to the term "department" shall only mean the Department of Children and Family
Services.
(10)(a) Upon written request, the department shall disclose limited information
contained in child abuse or neglect records or reports to the following:
(i) An examining physician of a child whom he reasonably believes has been abused
or neglected.
(ii) A committee or subcommittee of the legislature which has subject matter
jurisdiction over child protection legislation according to the rules of the respective house,
provided that such information is reviewed in closed session and kept confidential.
(iii) The executive director of a day care center or residential provider, provided that
the use of such information is limited to a confidential employee disciplinary investigation
of alleged abuse or neglect of a child within that facility and the employee who is the subject
of the disciplinary investigation is the subject of the requested information. However, the
department shall have the authority to fine, revoke, or suspend the license of any day care
center or residential provider, after due notice and a hearing, if the executive director releases
the confidential information to an unauthorized person or persons. The proceedings shall be
conducted in accordance with rules and regulations to be promulgated by the department.
(iv) The attorney who represents the child, the day care center, or an employee of the
day care center.
(b) The information disclosed pursuant to this Paragraph shall be limited to the
following:
(i) Whether or not the department has a substantiated report, pursuant to Children's
Code Article 615, in its possession concerning the child or person who is the subject of the
information request.
(ii) The status of the investigation, the determination made by the department, and
any action taken by the department.
(c) Nothing in this Paragraph shall authorize release of any information concerning
an individual initiating a report or complaint of abuse or neglect or authorize access to any
information which is prohibited by federal law.
(11) Upon written request of a caregiver, the department shall disclose limited
information contained in child abuse or neglect records or reports to an employer or
prospective employer of a person who will be exercising supervisory authority over that
employer's minor children or other dependent person as part of that person's employment as
a caregiver. The information disclosed pursuant to this Paragraph shall be limited to cases
in which the department has determined that the allegations from which such information has
been developed are substantiated pursuant to Children's Code Article 615. The provisions
of this Paragraph shall not be interpreted to authorize the release of or access to any
information protected under federal law.
(12)(a) Notwithstanding any other provision of this Section, including without
limitation Subsection K or of any other law to the contrary, the department shall disclose case
records involving an investigation of a report of child abuse or neglect to an immediate
family member who initiated the report or complaint of alleged child abuse or neglect when
the child who was the subject of the report or complaint died and abuse or neglect was
medically determined by an examining physician or a coroner to be a contributing factor in
the cause of death. For the purposes of this Paragraph, "immediate family member" means
the child's parent or grandparent; however, if any such person is the accused abuser of the
child, such person shall not be considered to be an immediate family member for the
purposes of this Paragraph.
(b) Any immediate family member who requests and receives the case record
involving an investigation of a report of child abuse or neglect shall agree in writing to hold
the department harmless for any damages, special or general, which may result from the
information contained in the case record of the investigation.
G. Notwithstanding any other provision of this Section, information pertaining to
adoption of children shall be strictly confidential and shall only be released to courts of
competent jurisdiction in accordance with existing laws.
H.(1) Information pertaining to foster care of children, reports and investigations on
abuse or neglect of children, and records of other child welfare services administered by the
department, including but not limited to children's special health services, nutrition,
immunization, and other medical and public health services records pertaining to children
and where such records are in the custody of parish health units or regional and central
offices of the office of public health of the Louisiana Department of Health, shall not be
subject to discovery or subpoena in any civil suit in which the department is not a party.
(2) In the event of the issuance of a subpoena or subpoena duces tecum served upon
the custodian of case records or other qualified witness or employee of the department in a
civil action in which the department is not a party, or in any criminal proceeding, and such
subpoena requires production for trial or discovery of any or all of the department's records,
it shall be sufficient compliance if the custodian or other qualified employee delivers by
registered mail or by hand a true and correct copy of all records described in such subpoena
to the clerk of court or other tribunal, together with an affidavit of their authenticity, to be
sealed by the court and made available only to the litigants, after an in camera inspection by
the court for a determination of relevance and/or discoverability, who shall be bound by the
limits of confidentiality. Under no circumstances shall said production include the name of
any confidential informant, in accordance with R.S. 14:403(B). Production of said records
as described in this Section shall be deemed timely if made any time prior to the requested
date or date of trial, provided that the subpoena duces tecum is served at least five days prior
to the requested date or date of trial.
(3) No subpoena for testimony shall issue to any employee or representative of the
department in such a civil suit if the department's records are available for production
pursuant to R.S. 46:56(H)(2). If the court, after the in camera inspection of the department's
records as described in R.S. 46:56(H)(2), determines that good cause exists for testimony by
a department employee or representative, said employee or representative may be permitted
to testify in chambers.
I. Any person who violates any of the provisions of this Section shall be fined not
more than two thousand five hundred dollars or imprisoned for not more than two years in
the parish jail, or both, nor less than five hundred dollars or ninety days on each count.
J. Notwithstanding the foregoing provisions of this Section, the department shall
maintain in each parish or district office a current monthly roster or listing by category of
recipients of public assistance showing the names and amounts received by each. Such roster
shall not contain information pertaining to nutrition assistance benefits or the Medicaid
Program (Title XIX of the Social Security Act). The roster shall be kept available in the
reception room or some conspicuous place during regular office hours of each parish office,
to any person wishing to view the contents. The department shall supply the parish or district
offices with forms, one of which shall be filled out, dated, and signed by each person wishing
to avail himself of the provisions of this Subsection. However, it shall be unlawful to use
its contents for political or commercial purposes.
K. Notwithstanding the foregoing provisions of this Section, this Section shall not
be construed in any manner inconsistent with the provisions enumerated in Children's Code
Article 616.
L. Notwithstanding the foregoing provisions of this Section, in any hearing before
the State Civil Service Commission, Equal Employment Opportunity Commission, and any
office in Louisiana Works in its capacity of administering Louisiana Employment Security
Law, or in any civil or criminal judicial proceeding, wherein the work performance or
conduct of an employee of the department is at issue, client case records relevant to said
work performance or conduct shall be admissible. However, prior to admission into
evidence, the client case records shall have client names and identifying data obliterated.
The department shall provide to the employee the relevant case records with names and other
identifying data obliterated, except that where an employee is disciplined as a result of
allegations made by the guardian, parents, family members, or tutor of the client, the names
of the accuser shall not be withheld so as to deny the employee the right of confrontation
granted to him by the constitution and laws of the United States of America and the state of
Louisiana.
M.(1) Notwithstanding the foregoing provisions of this Section, payment histories
on child or spousal support obligations maintained by the department in conformity with the
provisions of Title IV-D of the Social Security Act or by the department's child support
enforcement section may be released to a consumer reporting agency upon its application in
writing and payment of a fee covering the department's actual costs for duplicating, copying,
or transmitting the information. Payment histories shall not be released without the removal
or obliteration of any confidential information contained therein, including but not restricted
to the payee's address or receipt of Aid to Families with Dependent Children, or any
successor to that program, or other state assistance.
(2) For purposes of this Subsection, "consumer reporting agency" means any person
who, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in
whole or in part in the practice of assembling or evaluating consumer credit information or
other information on consumers to furnish consumer reports to third parties and who uses
any means or facility of interstate commerce to prepare or furnish consumer reports.
N. Notwithstanding any provisions of this Section or any other law to the contrary
and to the extent allowed by federal law, the department shall, upon request, provide copies
of applications and case files to the state child ombudsman for the purposes of carrying out
the ombudsman's statutory duties. Any such documents provided to the state child
ombudsman shall remain confidential and otherwise subject to the provisions of this Section
concerning any subsequent disclosures.

Legislative History

Acts 1992, No. 447, §4, eff. June 20, 1992; Acts 1993, No. 625, §1, eff. June 15, 1993; Acts 1993, No. 892, §1, eff. June 23, 1993; Acts 1995, No. 521, §3, eff. Jan. 1, 1996; Acts 1997, No. 79, §1; Acts 1997, No. 903, §1, eff. July 10, 1997; Acts 1997, No. 1129, §1, eff. July 14, 1997; Acts 1997, No. 1172, §7, eff. June 30, 1997; Acts 1997, No. 1463, §1; Acts 1999, No. 750, §1, eff. July 2, 1999; Acts 1999, No. 1217, §1, eff. July 9, 1999; Acts 1999, No. 1326, §1, eff. July 12, 1999; Acts 2001, No. 732, §1, eff. June 25, 2001; Acts 2003, No. 483, §1; Acts 2004, No. 260, §1, eff. June 15, 2004; Acts 2005, No. 333, §1, eff. June 30, 2005; Acts 2007, No. 119, §1, eff. June 25, 2007; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2010, No. 861, §20; Acts 2012, No. 255, §7; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 160, §1, eff. May 15, 2018; Acts 2018, No. 206, §5; Acts 2019, No. 400, §2, eff. June 19, 2019; Acts 2024, No. 507, §4; Acts 2025, No. 409, §6; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.